Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Soil and Water Conservation Board intends to consider amending 4VAC50-20, Impounding Structure Regulations. The purpose of the proposed action is to amend the regulation in response to comments received during a periodic review. Specifically the board will consider amendments related to (i) roadways on or below an impounding structure for hazard potential classifications, (ii) the incremental damage analysis process, (iii) gate requirements, (iv) the requirements for exempt agricultural dams, (v) the use of temporal curves to determine the probable maximum precipitation, and (vi) the development of a realistic and achievable process for certain impounding structures to achieve regulatory compliance, while maintaining public safety.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-604 of the Code of Virginia.

Public Comment Deadline: January 8, 2020.

Agency Contact: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.